Chương IV Nghị định 136/2020/NĐ-CP: Lực lượng phòng cháy và chữa cháy

Chapter IV

FIREFIGHTING FORCES

Article 30. Establishment and management of neighborhood watch and assurance of operating conditions thereof

1. The commune-level police authority shall advise the Chairperson of the People’s Committee at the same level on establishment of the neighborhood watch at the request of the village head and directly direct operations of the neighborhood watch. The Chairperson of the commune-level People’s Committee shall decide establishment, promulgate operating regulations, ensure funding, workplace, equipment and necessary conditions and maintain operation of the neighborhood watch.

2. Neighborhood watch composition:

a) The neighborhood watch shall have from 10 to 20 members on payroll, including 01 leader and 01 vice leader; one more person shall be appointed vice leader if the payroll has from 20 to 30 members. The neighborhood watch may be divided into smaller teams consisting of from 05 to 09 members on payroll, including 01 leader and 01 vice leader;

b) The Chairperson of the commune-level People’s Committee has the power to appoint the leader and vice leader(s) of the neighborhood watch and leaders and vice leaders of neighborhood watch teams.

3. The neighborhood watch shall comprise of persons regularly present at their places of residence.

4. The police authority shall direct, inspect and provide guidance on fire prevention and fighting operations for the neighborhood watch.

Article 31. Establishment and management of internal and specialized firefighting forces and assurance of operating conditions thereof

1. Heads of facilities and owners of businesses of infrastructures for industrial parks, industry clusters, export-processing zones and hi-tech parks shall establish an internal firefighting force and directly maintain its operation on a full-time or part-time basis. Heads of the regulatory bodies and organizations mentioned in Clause 3 Article 44 of the Law on Fire Prevention and Fighting shall establish and maintain a specialized firefighting force and directly maintain its operation on a full-time or part-time basis.

2. Heads of regulatory bodies and organizations directly managing a facility shall decide establishment, promulgate operating regulations, ensure funding, equipment and necessary conditions and maintain operation of the internal firefighting force and specialized firefighting force.

3. Composition of internal and specialized firefighting forces:

a) For facilities with less than 10 regular workers, all workers shall participate in the internal and/or specialized firefighting force, which shall be led by the facility head;

b) For facilities with from 10 to 50 regular workers, the internal and/or specialized firefighting force shall have at least 10 members on payroll, including 01 leader;

c) For facilities with from 50 to 100 regular workers, the internal and/or specialized firefighting force shall have at least 15 members on payroll, including 01 leader and 01 vice leader;

d) For facilities with more than 100 regular workers, the internal and/or specialized firefighting force shall have at least 25 members on payroll, including 01 leader and 02 vice leaders;

dd) For facilities with multiple independent business units and factories and more than 100 regular workers, each unit or factory shall have 01 internal and/or specialized firefighting team with at least 05 members on payroll, including 01 leader;

e) For facilities provided with motor firefighting equipment, the standing members of the internal or specialized firefighting force on payroll must correspond to the number of equipment;

g) For automated electrical substations the automated fire safety systems of which are connected with and display and report fire incidents to the supervisory authorities, and which have systems for management of databases on fire prevention, fire fighting and fire reporting to firefighting authorities, they are not require to establish and maintain an internal firefighting force. Regulatory bodies and organizations directly operating and managing electrical substations shall satisfy fire safety conditions applicable to their electrical substation and maintain such satisfaction.

4. Police authorities shall direct, inspect and provide guidance on fire prevention and fighting operations for internal and specialized firefighting forces.

Article 32. Volunteer fire prevention and fighting

1. Individuals volunteering for fire prevention and fighting must register with the People’s Committees of the communes where they reside or their workplaces or commune-level People's Committees, regulatory bodies and organizations responsible for receiving their registration and drawing up and sending a list of volunteers to the supervisory police authority.

Organizations volunteering for fire prevention and fighting must register with the supervisory police authority.

2. Organizations and individuals having registered for volunteer fire prevention and fighting must fulfill their duties and follow the direction of the leader and vice leaders of the neighborhood watch and internal firefighting forces or other competent persons according to regulations.

3. Fire prevention and fighting volunteers are entitled to benefits offered to members of the neighborhood watch and internal firefighting forces.

Article 33. Training and refresher courses on fire prevention and fighting operations

1. Persons required to participate in training and refresher courses on fire prevention and fighting operations include:

a) The persons holding the incident commander title provided for in Clause 2 Article 37 of the Law on Fire Prevention and Fighting;

b) Members of the neighborhood watch and internal firefighting forces;

c) Members of specialized firefighting forces:

d) Persons working in an environment containing fire or explosion hazard or regularly coming into contact with goods posing fire or explosion hazard;

dd) Drivers and crewmembers of motor passengers vehicles with more than 29 seats and motor vehicles transporting goods posing fire or explosion hazard;

e) Persons in charge of fire prevention and fighting in facilities included in the list in Appendix IV enclosed therewith;

g) Members of forest fire fighting forces.

2. Content of training and refresher courses on fire prevention and fighting operations comprises:

a) Legal knowledge and knowledge about fire prevention and fighting suitable for each type of trainees;

b) Methods for communication and establishment of the all people’s fire prevention and fighting movement;

c) Fire prevention measures; firefighting techniques, tactics and measures;

d) Methods for firefighting plan formulation and drills;

dd) Methods for preservation and use of fire prevention and fighting equipment;

e) Methods for fire safety inspection.

3. Duration of training and refresher courses on fire prevention and fighting operations

a) Duration of first training and refresher courses: from 16 to 24 hours for the persons mentioned in Points a, b, d, dd, e and g Clause 1 herein and from 32 to 48 hours for the persons mentioned in Point c Clause 1 herein;

b) Duration of retraining for reissuance of an expired certificate of training in fire prevention and fighting operations: at least 16 hours for the persons mentioned in Points a, b, d, dd, e and g Clause 1 herein and 32 hours for the persons mentioned in Point c Clause 1 herein;

c) Duration of annual refresher courses: at least 08 hours for the persons mentioned in Points a, b, d, dd, e and g Clause 1 herein and at least 16 hours for the persons mentioned in Point c Clause 1 herein.

4. Responsibility for organization of training and refresher courses on fire prevention and fighting operations:

a) Chairpersons of People’s Committees at all levels and heads of regulatory bodies, organizations and facilities shall organize training and refresher courses on fire prevention and fighting operations for persons under their management;

b) Any regulatory body, organization, facility or individual wishing to participate in a training or refresher course on fire prevention and fighting operations may request the police authority or a provider of training in fire prevention and fighting operations certified as eligible for fire prevention and fighting service business to provide the course. The regulatory body, organization, facility or individual participating in the course shall incur the training cost.

5. Application for certificate of training in fire prevention and fighting operations includes:

a) For providers of training in fire prevention and fighting operations: an application for examination and issuance of the training certificate (made using Form No. PC21); training plan, program and content; and list of trainee’s resume;

b) For regulatory bodies, organizations and facilities requesting the police authority or a provider of training in fire prevention and fighting operations to provide training: an application for training, examination and issuance of the training certificate (made using Form No. PC22); and list of trainee’s resume;

c) For individuals wishing to receive training and apply for the certificate of training in fire prevention and fighting operations: an application for training, examination and issuance of the training certificate (made using Form No. PC23).

6. Application for reissuance of a damaged certificate of training in fire prevention and fighting operations includes an application for reissuance of the training certificate (made using Form No. PC24) and issued training certificate.

7. Application for reissuance of a lost certificate of training in fire prevention and fighting operations includes an application for reissuance of the training certificate (made using Form No. PC24).

8. The applicant shall submit 01 application prepared according to Clause 13 herein to the competent authority in one of the following ways:

a) Directly at the single-window unit of the competent authority;

b) Online via the public service portal of the competent authority (documents included in state secret lists shall be submitted in compliance with regulations of laws on state secret protection);

c) By public postal service, service provided by an enterprise or individual or authorization as prescribed by law.

9. The official receiving the application shall check its components and validity and perform the following tasks:

a) If the application is adequate and valid according to regulations, receive it and fill out 02 copies of the acknowledgement of application receipt (using Form No. PC03);

b) If the application is inadequate or invalid according to regulations in Clause 4 herein, instruct the applicant on how to complete the application as per regulations and fill out the application revision instruction (using Form No. PC04).

10. Announcement of application processing results:

a) If the application is submitted directly at the single-window unit of the competent authority, the official receiving it shall give 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy;

b) If the application is submitted via the public service portal of the competent authority, the official receiving the application shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

c) If the application is submitted by public postal service, the service of an enterprise and individual or authorization as per the law, the official receiving it shall send 01 copy of the acknowledgement of application receipt or application revision instruction to the applicant and retain 01 copy.

11. The person sent to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

12. Time limit for handling of procedures for training, examination, issuance and reissuance of the certificate of training in fire prevention and fighting operations:

a) For providers of training in fire prevention and fighting operations: within 05 working days starting from the date of receipt of a valid application, the police authority shall assess training results of trainees;

b) For regulatory bodies, organizations, facilities and individuals requesting the police authority to provide training:

If there are 20 trainees or more, within 05 working days starting from the date of receipt of a valid application, the police authority shall provide the training and assess training results of the trainees;

If there are less than 20 trainees, the police authority shall gather trainees; and, when there are sufficient trainees, notify the training time and location and assess training results;

c) Within 05 working days starting from the date upon which a pass result is available, the competent police authority shall issue the certificate of training in fire prevention and fighting operations (made using Form No. 02 promulgated together with the Government’s Decree No. 83/2017/ND-CP dated July 18, 2017) to trainees having completed the training course. A written explanation must be provided for trainees not granted a certificate.

d) The certificate of training in fire prevention and fighting operations shall be reissued within 05 working days starting from the date of receipt of a valid application. A written explanation must be provided for rejected applications.

13. Police Department of Fire Prevention and Fighting and Rescue, fire departments and district-level police authorities have the power to issue the certificate of training in fire prevention and fighting operations, which is valid throughout the country for 5 years starting from the date of issuance. When the certificate expires, the holder must undergo training in order to be issued with a new certificate.

Article 34. Benefits offered to firefighting participants and members of the neighborhood watch and internal and specialized firefighting forces

1. Persons mobilized to participate in and support firefighting operations directly per a mobilization order by the competent person are entitled to the following benefits:

a) Receive an amount equal to 30% of the region-based daily minimum wage if they are mobilized for less than 02 hours;

b) Receive an amount equal to 45% of the region-based daily minimum wage if they are mobilized for from 02 to less than 04 hours;

c) If they are mobilized for 04 hours or more or for multiple days, they are entitled to an amount equal to 60% of the region-based daily minimum wage every 04 hours. If they are mobilized from 10:00 PM to 6:00 AM, they are entitled to twice the abovementioned amount;

d) If they are involved in an accident or sustain an injury, their medical bills will be covered; if they sustain an injury that reduces their work capacity according to the conclusion of the medical examination council, they are entitled to a benefit corresponding to the level of work capacity reduction; if they are deceased, they are entitled to death benefits and funeral payment. The abovementioned benefits shall be provided by social insurance and health insurance according to regulations; if a recipient of any of these benefits is an eligible social/health insurance participant, their benefit shall be provided by local government budget or the body managing them;  

dd) If they sustain an injury in a manner mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions, they may be considered for receipt of benefits offered to war invalids or similar benefits;

e) If they are deceased in a manner mentioned in the Ordinance on Benefits for People with Meritorious Services to Revolutions, they may be considered for recognition as martyrs.

2. Chairpersons of the People’s Committees of provinces and central-affiliated cities shall propose decision on monthly benefit rates for leaders and vice leaders the neighborhood watch, which are set based on actual situation of each province/city but no lower than 15% of the region-based minimum wage, to the People's Council of the same level.

3. Leaders and vice leaders of internal and specialized firefighting forces operating on a part-time basis are entitled to full wages and other allowances (if any) and regular remuneration from their managing bodies. Based on actual situation, heads of their managing bodies shall decide the benefit rate for each title, which shall be no lower than 20% of the region-based minimum wage.

4. When participating in a training or refresher course on fire prevention and fighting operations, members of the neighborhood watch are entitled to an amount equal to 60% of the region-based daily minimum wage on a daily basis; members of internal and specialized firefighting forces may be exempt from their duties and receive full wages and other allowances (if any), and are entitled to an amount equal to 30% of the region-based daily minimum wage on a daily basis.

5. When the persons mentioned in Clause 4 herein participate in a training or refresher course on fire prevention and fighting operations and got involved in an accident, suffer from bodily harm or are deceased, they are entitled to social insurance benefits, death benefits and funeral payment; if they are eligible social insurance participants, these amounts shall be provided by local government budget or their managing bodies.

Article 35. Mobilization of neighborhood watch and internal and specialized firefighting forces for fire prevention and fighting operations

1. Competence in mobilization of the neighborhood watch and internal and specialized firefighting forces for fire prevention and fighting operations:

a) Chairpersons of the People’s Committees at all levels and heads of regulatory bodies and organizations have the power to mobilize the neighborhood watch, internal firefighting forces and specialized firefighting forces under their management;

b) Heads of provincial police authorities, heads of fire departments and heads of district-level police authorities have the power to mobilize the neighborhood watch and internal and specialized firefighting forces in the localities under their management;

c) Head of the Police Department of Fire Prevention and Fighting and Rescue has the power to mobilize the neighborhood watch and internal and specialized firefighting forces across the country,

2. Upon receipt of a mobilization order, managers of the mobilized neighborhood watch and internal and specialized firefighting forces must follow the order.

3. Procedure for mobilization of the neighborhood watch and internal and specialized firefighting forces for fire prevention and fighting operations:

a) When mobilized for communication activities, meetings, marches and maneuvers concerning fire prevention and fighting, firefighting plan drills; elimination of fire and explosion risks; recovery from fire damage and other fire prevention and fighting operations, the neighborhood watch, internal firefighting forces and specialized firefighting forces shall comply with requests from competent persons;

b) The neighborhood watch and internal and specialized firefighting forces must be mobilized for fire prevention and fighting operations by a mobilization order (made using Form No. PC20); in case of emergency, they may be mobilized verbally and a written mobilization order shall be issued no later than 03 working days afterwards. A verbal mobilization order must include full name, post, workplace, address and phone number of the person giving the order, the exact number of people to mobilize, assembly time and point, and information on the operation;

c) Mobilization orders shall be sent to the mobilized entities and archived.

Article 36. Benefits offered to officers, non-commissioned officers and soldiers of firefighting authorities

Besides benefits offered to officers, non-commissioned officers and soldiers of the police force according to regulations, officers, non-commissioned officers and soldiers of firefighting authorities are entitled to special diet after training or working; and benefits offered according to the list of extremely arduous, hazardous and dangerous occupations prescribed by law.